90th General Assembly
Summary of HB0884
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House Sponsors:
KUBIK-FANTIN.

Senate Sponsors:
RADOGNO-PETERSON-CLAYBORNE

Short description: 
PROP TX-SPECIAL ASSMT-FORFEIT                                              

Synopsis of Bill as introduced:
        Amends the Property  Tax  Code.   Provides  that  the  provisions      
   permitting  a  person to purchase property that has been forfeited for      
   delinquent general taxes or special assessments shall also apply  when      
   more  than  60  days have expired without payment or satisfaction of a      
   judgment granted in whole or in part in a proceeding by a court  under      
   this  Code.  Provides that the current provisions concerning forfeited      
   taxes shall also apply to unpaid taxes.  Allows payment of the  unpaid      
   taxes to prohibit the sale of the property.                                 
        SENATE AMENDMENT NO. 1.                                                
          Deletes reference to:                                                
          35 ILCS 200/21-405                                                   
          Adds reference to:                                                   
          35 ILCS 200/21-105                                                   
          35 ILCS 200/21-310                                                   
          35 ILCS 200/21-345                                                   
          35 ILCS 200/21-385                                                   
          35 ILCS 200/22-15                                                    
          35 ILCS 200/22-20                                                    
          65 ILCS 5/11-31-1               from Ch. 24, par. 11-31-1            
        Deletes everything.    Amends  the  Property  Tax  Code  and  the      
   Illinois  Municipal  Code.  Provides that when a municipality acquires      
   abandoned property, the  rights  of  a  holder  of  a  certificate  of      
   purchase  are limited to a sale in error.  Further amends the Property      
   Tax Code.  Provides that the court shall declare a property  tax  sale      
   to  be  in  error prior to the entry of an order for issuance of a tax      
   deed if the State of Illinois had an interest in the property, that  a      
   governmental  or  municipal  corporation acquired title or acquired an      
   interest requiring reimbursement from a municipality, or an order  has      
   been  entered during the period of redemption or within one year after      
   expiration vacating a prior tax sale.  Provides that no order shall be      
   entered vacating a tax sale for error under these provisions if a  tax      
   deed  has  been entered.  Provides that a person who desires to redeem      
   property and does not desire to contest the validity of a petition for      
   tax deed may redeem the property without submitting a written protest.      
   In counties of 3,000,000 or more inhabitants, allows a taxing district      
   that is the tax deed petitioner to  move  for  the  appointment  of  a      
   special  process server of at least 18 years of age to serve notice of      
   the property  tax  sale  and  the  expiration  and  extension  of  the      
   property's redemption period. Provides that the special process server      
   shall  make  a  return  of  the notice by filing an affidavit with the      
   court clerk for the court record.   Makes  other  changes.   Effective      
   immediately.                                                                
        CONFERENCE COMMITTEE REPORT NO. 1. (Adopted in Senate only)            
        Recommends that the Senate recede from S-am 1.                         
        Recommends that the bill be amended as follows:                        
          Adds reference to:                                                   
          35 ILCS 200/9-195                                                    
          35 ILCS 200/14-15                                                    
          35 ILCS 200/15-103 new                                               
          35 ILCS 200/15-175                                                   
          35 ILCS 200/20-178 new                                               
        Deletes  everything.   Amends  the  Property  Tax  Code  and  the      
   Illinois Municipal Code.  Provides that when a  municipality  acquires      
   abandoned  property,  the  rights  of  a  holder  of  a certificate of      
   purchase are limited to a sale in  error.   Provides  that  the  court      
   shall  declare  a  property  tax sale to be in error if a municipality      
   acquired the property through foreclosure, judicial deed,  foreclosure      
   of   a  receivership  lien,  or  acceptance  of  a  deed  in  lieu  of      
   foreclosure. Further amends  the  Property  Tax  Code.  Provides  that      
   certificates  presented  to  the court shall (now, may) be filed as an      
   objection in the application for judgment and order of  sale  for  the      
   year  or  as  an  amendment  to  the  objection.  Establishes form for      
   certification of error by the county assessor  and  board  of  appeals      
   (until the first Monday in December 1998 and board of review beginning      
   the  first  Monday  in  December  1998  and  thereafter).  Deletes the      
   provisions mandating service of the  certification  upon  the  State's      
   Attorney  and  conditioning  the  county  treasurer's  power  to issue      
   refunds upon that service upon the  State's  Attorney.  Provides  that      
   property   owned   by   the   Bi-State   Development   Agency  of  the      
   Missouri-Illinois Metropolitan District is exempt from property taxes.      
   Provides that the exemption is not affected by a  leaseback  or  other      
   similar  agreement to obtain financing. Provides that a certificate of      
   error may, at the discretion of the county assessor, be presented  and      
   received  in evidence in any court of competent jurisdiction.  Deletes      
   the provision stating that a certificate may be issued to  the  person      
   erroneously  assessed.  Provides  that  if  in  any  assessment  year,      
   beginning  with  the  1998  assessment  year, homestead property has a      
   pro-rata valuation that  increases  the  assessed  valuation,  then  a      
   reduction in equalized assessed valuation equal to the increase in the      
   equalized assessed value for the year shall be applied to the property      
   on  a  proportionate  basis.  Sets the maximum proportionate homestead      
   exemption. Provides that when the county collector makes  any  refunds      
   due on certain certificates of error, then the collector shall pay the      
   taxpayer  interest  on  the  refund  at  the  rate  of 0.5% per month.      
   Provides that interest shall not be paid on a refund to the owner of a      
   certificate of purchase when the sale in error is due to the  vacation      
   of the tax sale by an order entered during the period of redemption or      
   within  one  year after the expiration of the period of redemption. In      
   counties of 3,000,000 or more inhabitants, allows  a  taxing  district      
   that  is  the  tax  deed  petitioner  to move for the appointment of a      
   special process server of at least 18 years of age to serve notice  of      
   the  property  tax  sale  and  the  expiration  and  extension  of the      
   property's  redemption  period.  Makes  other  changes.      Effective      
   immediately.                                                                
 
Last action on Bill: SESSION SINE DIE

   Last action date: 99-01-12

           Location: House

 Amendments to Bill: AMENDMENTS ADOPTED: HOUSE -   0     SENATE -   1


   END OF INQUIRY 
                                                                               



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